| 16 | | - | applies only to an independent school district any part of which is |
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| 17 | | - | located in a county with a population of more than 1.5 million in |
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| 18 | | - | which more than 75 percent of the population lives in a single |
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| 19 | | - | municipality. |
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| 13 | + | applies only to an independent school district: |
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| 14 | + | (1) any part of which is located in a county with a |
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| 15 | + | population of more than 1.5 million in which more than 75 percent of |
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| 16 | + | the population lives in a single municipality; and |
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| 17 | + | (2) that has been a party to one or more causes of |
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| 18 | + | action involving a dispute over a vendor contract within the years |
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| 19 | + | 2000-2014. |
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| 20 | 20 | | (b) A member of the board of trustees of an independent |
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| 21 | 21 | | school district to which this section applies may not, outside a |
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| 22 | 22 | | public meeting of the board, have direct or indirect communication |
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| 23 | 23 | | with an actual or prospective bidder or offeror relating to a |
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| 24 | 24 | | request for proposals or an advertisement for bids during the |
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| 25 | 25 | | period: |
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| 26 | 26 | | (1) after the district has issued the request for |
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| 27 | 27 | | proposals or has advertised for bids on a contract; and |
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| 28 | 28 | | (2) before the board has awarded the contract that was |
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| 29 | 29 | | the subject of the request for proposals or the advertisement for |
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| 30 | 30 | | bids. |
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| 31 | 31 | | (c) If a trustee violates Subsection (b) by engaging in |
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| 32 | 32 | | direct or indirect communication with a bidder or offeror, the |
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| 33 | 33 | | board shall reject the bid or offer of the bidder or offeror. |
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| 34 | 34 | | (d) Notwithstanding Subsection (b), a trustee may have |
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| 35 | 35 | | direct or indirect communication with an actual or prospective |
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| 36 | 36 | | bidder or offeror if: |
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| 37 | 37 | | (1) the trustee has a substantial interest, as |
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| 38 | 38 | | determined under Section 171.002, Local Government Code, in a |
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| 39 | 39 | | business entity or in real property and complies with the |
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| 40 | 40 | | requirements of Chapter 171, Local Government Code, if applicable, |
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| 41 | 41 | | and: |
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| 42 | 42 | | (A) the business entity is an actual or |
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| 43 | 43 | | prospective bidder or offeror responding to the school district's |
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| 44 | 44 | | request for proposals or advertisement for bids and the |
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| 45 | 45 | | communication relates to the business entity's response; or |
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| 46 | 46 | | (B) the real property is offered in response to |
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| 47 | 47 | | the school district's request for proposals or advertisement for |
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| 48 | 48 | | bids and the communication relates to the real property; or |
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| 49 | 49 | | (2) the communication occurs at a trade show or |
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| 50 | 50 | | convention at which the bidder or offeror was a registered |
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| 51 | 51 | | participant and the trustee discloses at a public meeting of the |
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| 52 | 52 | | board that the communication occurred, before the earlier of: |
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| 53 | 53 | | (A) one week after the date the communication |
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| 54 | 54 | | occurred; or |
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| 55 | 55 | | (B) the date on which the board votes on the |
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| 56 | 56 | | request for proposals or advertisement for bids for which the |
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| 57 | 57 | | bidder or offeror submitted a proposal or bid. |
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| 58 | 58 | | SECTION 2. Section 44.0353, Education Code, as added by |
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| 59 | 59 | | this Act, applies only to a contract for which the request for |
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| 60 | 60 | | proposals or bids was issued on or after the effective date of this |
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| 61 | 61 | | Act. |
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| 62 | 62 | | SECTION 3. This Act takes effect September 1, 2015. |
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